Caster Semenya Wins Partial Victory in Human Rights Court Case

Caster Semenya has received a partial win in her long legal battle over sex eligibility rules. The European Court of Human Rights ruled on Thursday that she did not get a fair hearing in a previous case in Switzerland.

The decision came from the court’s highest panel of 17 judges. In a 15–2 vote, they agreed that the Swiss Supreme Court had failed to properly review her appeal. The case involved earlier decisions supporting World Athletics, the sport’s governing body.

Caster Semenya had taken her case to the Court of Arbitration for Sport. The ruling from that court upheld rules that blocked her from competing in women’s races unless she reduced her natural testosterone levels. Semenya refused, calling it unfair and harmful.

Now, the case will return to the Swiss federal court in Lausanne. Many other sports bodies around the world are watching the outcome, as they consider their own eligibility rules for female athletes.

The European court did not decide whether Semenya faced discrimination. Four judges disagreed with that part of the ruling. Still, the court ordered Switzerland to pay her €80,000 (about $94,000) in legal costs.

Semenya, a two-time Olympic gold medalist, was present in court when the ruling was announced. She later posted a photo online, raising three fists to show her continued fight for justice.

This ruling does not change the rules of World Athletics. Those rules have already forced Caster Semenya to stop racing in the 800 meters, an event where she once dominated the world stage.

The court’s main criticism was that Swiss judges did not carry out a proper review of the original case. Since sports bodies require athletes to appeal through specific courts, the review process must be strict and fair.

World Athletics and the Court of Arbitration for Sport have not yet responded to the ruling.